how to get divorce on grounds of desertion in Jodhpur

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Jodhpur, you must file a petition under the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954, depending on the nature of your marriage. Desertion is defined as the voluntary abandonment of one spouse by the other without reasonable cause and without consent.

Here are the steps and requirements to file for divorce on the grounds of desertion:

• Grounds for Desertion: According to Section 13(1)(ib) of the Hindu Marriage Act, 1955, the grounds for desertion include:
  • Desertion for a continuous period of at least two years immediately preceding the presentation of the petition.
  • The deserting spouse must have left the marital home without reasonable cause and without the consent of the other spouse.
  • The intention to permanently abandon the other spouse.
• Jurisdiction: Ensure that you file your petition in the appropriate Family Court, which has jurisdiction over Jodhpur. The court must have jurisdiction based on either the place of marriage or the place of residence of either spouse.
• Petition Preparation: Draft a divorce petition that includes:
  • Your personal details and that of your spouse.
  • The date and place of marriage.
  • Details of the desertion, including the date it commenced and the circumstances surrounding it.
  • A request for divorce.
• Filing the Petition: Submit the completed petition in the Family Court along with:
  • Copy of the marriage certificate.
  • Proof of residency or jurisdiction.
  • Any other supporting documents.
• Service of Notice: Once filed, the court will issue a notice to your spouse, who will have the opportunity to respond to the allegations.
• Hearing: Attend the court hearings. Both parties may present their case, and the court may ask for evidence or witness testimonies.
• Judgment: If the court finds sufficient grounds for desertion, it will grant the divorce decree.

It is advisable to consult a qualified family lawyer in Jodhpur to assist with the process and ensure that all legal requirements are met appropriately.